[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68036-68038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30396]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-901


Notice of Amended Final Results of the Antidumping Duty 
Administrative Review of Certain Lined Paper Products from the People's 
Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: December 22, 2009.

FOR FURTHER INFORMATION CONTACT: Victoria Cho, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone; (202) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 751(h) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act'') on April 14, 2009, the Department of 
Commerce (``the Department'') published its final results of the 
administrative review for Certain Lined Paper Products (``CLPP'') from 
the People's Republic of China (``PRC'') for the period from April 17, 
2006, through August 31, 2007. See Certain Lined Paper Products from 
the People's Republic of China: Notice of Final Results of the 
Antidumping Duty Administrative Review, 74 FR 17160 (April 14, 2009) 
(``Final Results'').
    On April 14, 2009, Shanghai Lian Li Paper Products Co., Ltd. 
(``Lian Li'') timely filed its ministerial error allegations, pursuant 
to 19 CFR 351.224(c). On April 17, 2009, the Association of American 
Paper Suppliers (petitioner) filed a summons and complaint with the 
Court of International Trade challenging various aspects of the Final 
Results. On April 21, 2009, the petitioner filed comments in response 
to Lian Li's ministerial error allegations, and on April 23, 2009, Lian 
Li filed comments regarding the petitioner's April 21, 2009, comments. 
The Department has not found it practicable to analyze the comments 
received and correct any potential errors within 30 days of the 
publication for the Final Results.

Scope of the Antidumping Duty Order

    The scope of this order includes certain lined paper products, 
typically school supplies (for purposes of this scope definition, the 
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or 
including paper that incorporates straight horizontal and/or vertical 
lines on ten or more paper sheets (there shall be no minimum page 
requirement for looseleaf filler paper) including but not limited to 
such products as single- and multi-subject notebooks, composition 
books, wireless notebooks, looseleaf or glued filler paper, graph 
paper, and laboratory notebooks, and with the smaller dimension of the 
paper measuring 6 inches to 15 inches (inclusive) and the larger 
dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive). 
Page dimensions are measured size (not advertised, stated, or ``tear-
out'' size), and are measured as they appear in the product (i.e., 
stitched and folded pages in a notebook are measured by the size of the 
page as it appears in the notebook page, not the size of the unfolded 
paper). However, for measurement purposes, pages with tapered or 
rounded edges shall be measured at their longest and widest points. 
Subject lined paper products may be loose, packaged or bound using any 
binding method (other than case bound through the inclusion of binders 
board, a spine strip, and cover wrap). Subject merchandise may or may 
not contain any combination of a front cover, a rear cover, and/or 
backing of any composition, regardless of the inclusion of images or 
graphics on the cover, backing, or paper. Subject merchandise is within 
the scope of this order whether or not the lined paper and/or cover are 
hole punched, drilled, perforated, and/or reinforced. Subject 
merchandise may contain accessory or informational items including but 
not limited to pockets, tabs, dividers, closure devices, index cards, 
stencils, protractors, writing implements, reference materials such as 
mathematical tables, or printed items such as sticker sheets or 
miniature calendars, if such items are physically incorporated , 
included with, or attached to the product, cover and/or backing 
thereto.
    Specifically excluded from the scope of this order are:
     unlined copy machine paper;
     writing pads with a backing (including but not limited to 
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,'' 
and ``quadrille pads''), provided that they do not have a front cover 
(whether permanent or removable). This exclusion does not apply to such 
writing pads if they consist of hole-punched or drilled filler paper;
     three-ring or multiple-ring binders, or notebook 
organizers incorporating such a ring binder provided that they do not 
include subject paper;
     index cards;
     printed books and other books that are case bound through 
the inclusion of binders board, a spine strip, and cover wrap;
     newspapers;
     pictures and photographs;
     desk and wall calendars and organizers (including but not 
limited to such products generally known as ``office planners,'' ``time 
books,'' and ``appointment books'');
     telephone logs;
     address books;
     columnar pads & tablets, with or without covers, primarily 
suited for the recording of written numerical business data;
     lined business or office forms, including but not limited 
to: pre-printed business forms, lined invoice pads and paper, mailing 
and address labels, manifests, and shipping log books;
     lined continuous computer paper;
     boxed or packaged writing stationary (including but not 
limited to products commonly known as ``fine business paper,'' 
``parchment paper'', and ``letterhead''), whether or not containing a 
lined header or decorative lines;

[[Page 68037]]

     Stenographic pads (``steno pads''), Gregg ruled (``Gregg 
ruling'' consists of a single- or double-margin vertical ruling line 
down the center of the page. For a six-inch by nine-inch stenographic 
pad, the ruling would be located approximately three inches from the 
left of the book), measuring 6 inches by 9 inches;
Also excluded from the scope of this order are the following 
trademarked products:
     Fly lined paper products: A notebook, notebook organizer, 
loose or glued note paper, with papers that are printed with infrared 
reflective inks and readable only by a Fly pen-top computer. The 
product must bear the valid trademark Fly (products found to be bearing 
an invalidly licensed or used trademark are not excluded from the 
scope).
     Zwipes : A notebook or notebook organizer made with a 
blended polyolefin writing surface as the cover and pocket surfaces of 
the notebook, suitable for writing using a specially-developed 
permanent marker and erase system (known as a Zwipes pen). This system 
allows the marker portion to mark the writing surface with a permanent 
ink. The eraser portion of the marker dispenses a solvent capable of 
solubilizing the permanent ink allowing the ink to be removed. The 
product must bear the valid trademark ZwipesTM (products 
found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
     FiveStar[reg]AdvanceTM : A notebook or notebook 
organizer bound by a continuous spiral, or helical, wire and with 
plastic front and rear covers made of a blended polyolefin plastic 
material joined by 300 denier polyester, coated on the backside with 
PVC (poly vinyl chloride) coating, and extending the entire length of 
the spiral or helical wire. The polyolefin plastic covers are of 
specific thickness; front cover is 0.019 inches (within normal 
manufacturing tolerances) and rear cover is 0.028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is captured both ends of a 1'' wide 
elastic fabric band. This band is located 2-3/8'' from the top of the 
front plastic cover and provides pen or pencil storage. Both ends of 
the spiral wire are cut and then bent backwards to overlap with the 
previous coil but specifically outside the coil diameter but inside the 
polyester covering. During construction, the polyester covering is sewn 
to the front and rear covers face to face (outside to outside) so that 
when the book is closed, the stitching is concealed from the outside. 
Both free ends (the ends not sewn to the cover and back) are stitched 
with a turned edge construction. The flexible polyester material forms 
a covering over the spiral wire to protect it and provide a comfortable 
grip on the product. The product must bear the valid trademarks 
FiveStar[reg]AdvanceTM (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     FiveStar FlexTM: A notebook, a notebook 
organizer, or binder with plastic polyolefin front and rear covers 
joined by 300 denier polyester spine cover extending the entire length 
of the spine and bound by a 3-ring plastic fixture. The polyolefin 
plastic covers are of a specific thickness; front cover is 0.019 inches 
(within normal manufacturing tolerances) and rear cover is 0.028 inches 
(within normal manufacturing tolerances). During construction, the 
polyester covering is sewn to the front cover face to face (outside to 
outside) so that when the book is closed, the stitching is concealed 
from the outside. During construction, the polyester cover is sewn to 
the back cover with the outside of the polyester spine cover to the 
inside back cover. Both free ends (the ends not sewn to the cover and 
back) are stitched with a turned edge construction. Each ring within 
the fixture is comprised of a flexible strap portion that snaps into a 
stationary post which forms a closed binding ring. The ring fixture is 
riveted with six metal rivets and sewn to the back plastic cover and is 
specifically positioned on the outside back cover.
    The product must bear the valid trademark FiveStar 
FlexTM (products found to be bearing an invalidly licensed 
or used trademark are not excluded from the scope). Merchandise subject 
to this order is typically imported under headings 4820.10.2050, 
4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
headings are provided for convenience and customs purposes; however, 
the written description of the scope of this order is dispositive.

Amended Final Results of Review

    A ministerial error, as defined in section 751(h) of the Act, 
``includes errors in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the administering authority considers ministerial.'' See also 19 
CFR 351.224(f). After analyzing the comments we received, we have 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224, that the Department made two ministerial errors in our 
calculations for the final results with respect to Lian Li.\1\ 
Specifically, the Department inadvertently included a factor for 
uncoated paper board (UNCOATED--AR) which resulted in double counting 
the input value of black paper board. Additionally, the Department 
inadvertently used grey/white paper board's input values for grey paper 
board. For additional explanation, see the Ministerial Error Memo.
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    \1\ See ``Memorandum from James Terpstra to Melissa Skinner, 
Amended Final Results for the First Antidumping Administrative 
Review of Certain Lined Paper Products from the People's Republic of 
China: Ministerial Errors,'' dated December 10, 2009. (``Ministerial 
Error Memo'').
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    Further, we have determined that the other alleged ministerial 
errors that the Department erroneously combined two factors of 
production (``FOP'') databases and that the Department incorrectly 
calculated inland freight are methodological, not ministerial, in 
nature. Therefore, we have made no changes to our calculations with 
respect to Lian Li's FOP database or inland freight. For additional 
explanation, see the Ministerial Error Memo.
    We are revising the review-specific average rate to reflect the 
weighted average rate based on the amended results of the companies 
subject to the instant review. See the Ministerial Error Memo. In 
accordance with section 751(h) of the Act, we are amending the final 
results of the antidumping duty administrative review of CLPP from the 
PRC for the period April 17, 2006, through August 31, 2007. As a result 
of correcting the ministerial errors discussed above, the following 
margins apply:

[[Page 68038]]



------------------------------------------------------------------------
                                               Weighted-Average Margin
                 Exporter                             (Percent)
------------------------------------------------------------------------
Shanghai Lian Li Paper Products Co., Ltd..                         16.47
Hwa Fuh Plastics Co., Ltd./Li Teng                                 16.47
 Plastics (Shenzhen) Co., Ltd.............
Leo's Quality Products Co., Ltd./Denmax                            16.47
 Plastic Stationery Factory...............
The Watanabe Group (consisting of the                              16.47
 following companies).....................
        Watanabe Paper Product (Shanghai)
         Co., Ltd.........................
        Watanabe Paper Product (Linqing)
         Co., Ltd.........................
        Hotrock Stationery (Shenzhen) Co.,
         Ltd..............................
------------------------------------------------------------------------

Assessment of Duties

    The Department will determine and the U.S. Bureau of Customs and 
Border Protection (``CBP'') shall assess antidumping duties on all 
appropriate entries. Except where the Court of International Trade has 
issued a preliminary injunction enjoining the liquidation of certain 
entries during the period of review, we intend to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
these amended final results of review. For a general discussion of the 
application of assessment rates, see Final Results at 17165.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these amended final results for all shipments CLLP from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these Final Results (April 14, 2009), as 
provided by section 751(a)(2)(C) of the Act: (1) for companies covered 
by this review, the cash deposit rate will be the rate listed above; 
(2) for previously reviewed or investigated companies other than those 
covered by this review, the cash deposit rate will be the company-
specific rate established for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
less-than-fair-value investigation, but the producer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the producer is a firm covered in this review, a prior 
review, or the investigation, the cash deposit rate will be 258.21 
percent, the PRC-wide rate established in the less-than-fair-value 
investigation. These deposit requirements shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the presumption that reimbursement of 
antidumping duties occurred and the subsequent increase in antidumping 
duties by the amount of antidumping duties reimbursed.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    These amended final results of administrative review and notice are 
issued and published in accordance with sections 751(h), and 777(i)(1) 
of the Act, and 19 CFR 351.224.

    Dated: December 15, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30396 Filed 12-21-09; 8:45 am]
BILLING CODE 3510-DS-S